Discussion:
What is the name of your state? California
What is the law regarding publication of art that is based on a written work? For example, I have a book that I really love. I have created original illustrations based on my perceptions of the characters/scenes within that book. I would like to publish these illustrations. Is it legal for me to do so?
Answer:
What is the name of your state? California
I would like to publish these illustrations. Is it legal for me to do so?
Sure you can. You just can't publish them with a new release of the book, or reference the book in your publication - - at least, not without the book writer's permission.
But, you can certainly publish your own artwork in your own book.
IAAL
Answer:
Hmm. So, I can't say anything in the book's title or text about how the art is inspired by the works of so-and-so? And I can't label the images as being characters from the work in question?
Answer:
Hmm. So, I can't say anything in the book's title or text about how the art is inspired by the works of so-and-so? And I can't label the images as being characters from the work in question?
Sure, you can say, "Inspired by . . ." in your own book of art. But, no, you can't say that the images as being characters from the work because the writer may have their own "images" in mind for a new release of the book.
For example, I could draw my own images of King Kong based upon my reading of the book. But, the writer may not like my work, or doesn't want "images" in their book at all; rather, the writer may only choose to "inspire" the reader with mental images - - as is the writer's choice or actual purpose.
Why don't you contact the writer?
IAAL
Answer:
The author is dead We're talking Lord of the Rings here, if that helps any. I can contact the Saul Zaentz company, who are the copyright holders, but I'd like to avoid that, if possible. I run a fairly large website devoted to Tolkien/LotR, and we're tossing around the idea of self-publishing a book for our members and other interested parties. We want to make sure that the things that we publish are not going to be violations of copyright, though. Currently, the things we're considering are:
- fan art. Illustrations would have to be based on the books, not the movies. We're iffy on if this is allowable, and hence my question. I find it hard to believe that all the Tolkien inspired artists out there have to get an okay to publish their works, but I guess maybe they do?
- scholarly articles.
- recipes
What issues can you see with the above?
Answer:
The author is dead We're talking Lord of the Rings here, if that helps any. I can contact the Saul Zaentz company, who are the copyright holders, but I'd like to avoid that, if possible. I run a fairly large website devoted to Tolkien/LotR, and we're tossing around the idea of self-publishing a book for our members and other interested parties. We want to make sure that the things that we publish are not going to be violations of copyright, though. Currently, the things we're considering are:
- fan art. Illustrations would have to be based on the books, not the movies. We're iffy on if this is allowable, and hence my question. I find it hard to believe that all the Tolkien inspired artists out there have to get an okay to publish their works, but I guess maybe they do?
- scholarly articles.
- recipes
What issues can you see with the above?
Assuming that you don't republish the story, and you've read the "Federal Fair Use Doctrine," then you can publish your artwork. For example, if you want to re-print a "squib" from the book and have your artwork near that squib, that would be fine. But, to re-publish the entire story, and include all of your artwork within and throughout that book, is not "Fair Use" and it's an infringement of, and a violation of, the owner's copyright and other ownership privileges.
You can draw whatever your heart desires, and also say that your artwork was "inspired by . . .". But you don't have the authority to say that "these" are the characters, or that the art is "approved" by the owner of the story.
I don't know how else to say this, or get it across, to you.
Good luck.
IAAL
Answer:
We have no intentions of publishing any of the text of the books, in case that's where the confusion is.
Answer:
We have no intentions of publishing any of the text of the books, in case that's where the confusion is.
Great! Then I've already answered your question. You can publish your art and say something like, " . . . and this is my perception of the character named 'Frodo' from the book entitled "Lord of the Rings".
IAAL